Decisional Competence and Fitness to Stand Trial in New Zealand.

New Zealand courts are increasingly finding people unfit to stand trial. It is therefore important that the topic is carefully explored. For instance, should an assessment of fitness to stand trial include an assessment of a person's ability to make autonomous decisions about how to conduct their defence? This ability is referred to as "decisional competence". A pivotal case on this issue is Solicitor-General v Dougherty [2012] NZCA 405. In this case, the Court of Appeal decided that an assessment of decisional competence should not be part of an assessment of fitness to stand trial, but in doing so, appeared to misunderstand the concept. This article aims to discuss a correct understanding of decisional competence, in particular by contrasting it with the notion of "acting in one's best interests". This will aid further discussion on this important and relevant issue.